AB801: Bill Text

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2023 - 2024 LEGISLATURE

2023 Assembly BILL 801

December 8, 2023 - Introduced by Representatives Pronschinske, Allen, Armstrong, Behnke, Bodden, Brandtjen, Callahan, Dittrich, Edming, Goeben, Gundrum, Gustafson, Magnafici, Maxey, Murphy, Mursau, O'Connor, Penterman, Rettinger, Schmidt, Sortwell, Summerfield, VanderMeer and Wichgers, cosponsored by Senators James, Felzkowski, Nass and Tomczyk. Referred to Committee on Criminal Justice and Public Safety.

AB801,1,4 An Act to amend 175.60 (2g) (a) and (5) (a) 6., 948.605 (1) (b) and 948.605 (2) (a); to repeal and recreate 948.605 (2) (b) 1r.; and to create 948.605 (1) (ak) and (aq) of the statutes; relating to: possession of a firearm by a licensee in a place of worship located on the grounds of a private school.

Analysis by the Legislative Reference Bureau

Under current law, with exceptions, a person is prohibited from possessing a firearm on the grounds of a school. A person who violates the prohibition is guilty of a Class I felony. Under this bill, a person who has a license to carry a concealed weapon may possess a firearm in a place of worship located on the grounds of a private school if the governing body of the place of worship has a written policy that allows licensees to possess a firearm, the licensee is complying with all terms of the policy, and either no classes are being held at the private school or the governing body of the place of worship has determined that a special event is occurring at the place of worship.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB801,1 Section 1 . 175.60 (2g) (a) and (5) (a) 6. of the statutes are amended to read:

AB801,2,3 175.60 (2g) (a) A licensee or an out-of-state licensee may carry a concealed weapon anywhere in this state except as provided under subs. (15m) and (16) and ss. 943.13 (1m) (c) and 948.605 (2) (a) and (b) 1r.

AB801,2,8 (5) (a) 6. A statement of the places under sub. (16) where a licensee is prohibited from carrying a weapon, as well as an explanation of the provisions under sub. (15m) and ss. 943.13 (1m) (c) and 948.605 (2) (a) and (b) 1r. that could limit the places where the licensee may carry a weapon, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

AB801,2 Section 2 . 948.605 (1) (ak) and (aq) of the statutes are created to read:

AB801,2,11 948.605 (1) (ak) “Licensee” means a licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

AB801,2,12 (aq) “Private school” means a school that is a parochial or private school.

AB801,3 Section 3 . 948.605 (1) (b) of the statutes is amended to read:

AB801,2,18 948.605 (1) (b) “School" has the meaning given in s. 948.61 (1) (b) means a public school, private school, or tribal school, as defined in s. 115.001 (15m), that provides an educational program for one or more grades between grades 1 and 12 and that is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.

AB801,4 Section 4 . 948.605 (2) (a) of the statutes is amended to read:

AB801,2,25 948.605 (2) (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is in or on the grounds of a school is guilty of a Class I felony. Any individual, except a licensee, who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is within 1,000 feet of the grounds of a school is subject to a Class B forfeiture.

AB801,5 Section 5. 948.605 (2) (b) 1r. of the statutes is repealed and recreated to read:

AB801,3,6 948.605 (2) (b) 1r. A licensee who is in a place of worship located on the grounds of a private school for the purpose of attending a worship service or religious ceremony or to work or volunteer at the place of worship, if the governing body of the place of worship has a written policy allowing licensees to possess a firearm and the licensee is complying with all terms of the policy and any of the following applies:

AB801,3,7 a. No classes are being held at the private school at the time of the possession.

AB801,3,9 b. If classes are being held at the time of possession, the governing body has determined that there is a special event at the place of worship.

AB801,3,10 (End)